A Florida federal judge, Roger Vinson, just announced his ruling that 26 states - that's more than half - that have brought against the federal government for passage of Obamacare are correct and that the law is unconstitutional. This is a major victory for America, for individual rights, and for free enterprise.
As of this ruling, the entire health care bill is void because there was no severability clause in it. This means that if one sentence is found unconstitutional that the whole bill has to be set aside.
He declined to grant the injunction barring implementation of the bill because most of it is not effective yet anyway, but this should help the Supreme Court go along with the ruling and find the matter unconstitutional as well.
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Steve,
Isn't it interesting how that pesky document, The Constitution, gets in the way of Congress. I, for one, am glad it's there.
Rich
Steve, maybe once this thing is gone they can pass some real healthcare reform that is transparent.
Rich,
Me too. Wished more in the government knew what was in it. :)
Steve
Mike,
Except there isn't much they can do that's constitutional. They are over-reaching. :)
Steve
Let's remember Roger Vinson's name when appointments to the Supreme Court are named. Maybe we should start lobbying Obama now.
Bill,
Great point. he looks good. :)
Steve
Finally, we have a judge with common sense and a good constitutional understanding. I hope he gets an appointment onto the supreme court by a sensible president.
Paul,
Agreed. :)
Steve
Steve
It looks like the health care bill is headed to the Supreme Court.
Good luck and success.
Lou Ludwig
Lou,
Yes, it does but today's ruling really helps. :)
Steve
What I said on another post, I have no confidence in the Supreme Court, to where this will certainly go, to interpret the Constitution in terms of its limitations on gubment. It didn't think McCain/Feingold stifled free speech...
I am excited but do not want to get overly so until the big ocurt does its thing.
Steve - its now 2 to 2. 2 courts have found it constitutional and 2 have found it not. While I am of the opinion that this bill far exceeds constitutional authority under the commerce clause, I will wait until SCOTUS rules on it to cheer. Hopefully it will get there soon.
Jay,
I have limited confidence. One thing that Viinson said really bothers me. He said that the Supreme Court is the only one that can expand the commerce clause. That is just plain wrong. It can't be expanded. It is what it is. :)
Steve
Congratulations Steve, this post is now featured in Tea Party! Keep up the good work.
Kevin,
Thanks for the feature. :)
Steve
Mike,
To the plus side, 27 states are in the "win" column as far as negating this bill. :)
Steve
Steve ~ Would feel much more comfortablet had he stipulated that it SHOULD have been expanded . . .
Steve you know my thoughts on this. Unlike Tish....I can only tell you that my dad, my 3 brothers are all in medicine. I worked at a surgery center b/4 law school. I know a lot (not 5 or 10, but a lot) of doctors who have gotten out. I know a lot of great docs who are getting out! This law, if it stays, will drive a lot of great doctors out of medicine. It'll be affordable per the administration, but so what. I don't want cheaper doctors, I don't want good doctors. I want GREAT doctors. This bill will drive em all out!
Tish,
This would have been a travesty. The Constitution can only be amended according to Article V of the Consstitution, and justices are not one of the specified remedieis. Too often they expand the Constitution and get away with it even though they are not elected and are accountable to no one. The health care bill -regardless of what someone might think of its necessity - is clearly outside of the powers of Congress and should never have been considered to begin with. :)
Steve
Larry,
Thank you. I could write pages and pages of why this is one of the worst pieces of legislation to ever be considered, but the simple fact is that Congress had no authority to draft it. End of story. Hope the Supreme Court agrees. :)
Steve
It's a good start and should encourage those seeking repeal. The court need not rule on implementation. To implement a policy or program which is found unconstitutional, would be illegal.
Gene and Kim,
It is a great start - coupled with the repeal by the House. :)
Steve
I just saw that our Senate failed to repeal this thing. Can't wait until 2012 now.